Since a prenuptial deals with income, assets, real estate and other sensitive financial topics, you must make sure to clearly outline what you want out of the agreement.
In California, certain promises or clauses are not allowed in these contracts.
Being indirect or unfair
According to California’s Uniform Premarital Agreement Act, any binding prenuptial must be a written agreement, not a verbal one. Involuntary or coerced signatures do not count, and it is not legal to force or threaten the other party to include something against his or her wishes.
You should disclose any financial debts or assets, along with property you own, during this process. Understating your assets or failing to mention certain items you own will make the contract void. Additionally, you cannot add any clauses that are not related to money, such as demanding a partner must lose weight.
Including other stipulations
You must also avoid any mention of child support or alimony in a prenuptial. Judges are a part of the child support decision process, and they will examine what is in the best interest for your children based on several specific factors. The court will not uphold an agreement written before this examination, so it is not worth trying to put any stipulations about this topic in your prenuptial.
Fighting over personal issues
Prenuptials do not include personal matters, such as who should do the chores or where to go on family vacations. This contract only covers financial matters, such as who would get assets and land in the event of a divorce. If you try to include any other clauses, a judge will likely find them too impractical to keep in the final agreement.
